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Regulatory Review Report
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[Federal Register: June 12, 2006 (Volume 71, Number 112)] [Notices] [Page 33780-33799] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12jn06-121] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation [Docket No. OST-2005-20112] Regulatory Review Report AGENCY: Office of the Secretary of Transportation (OST), DOT. ACTION: Final report. ----------------------------------------------------------------------- SUMMARY: This is the Department's final report providing a brief response, including a description of further action we intend to take, to the public's participation in the Department of Transportation's review of its existing regulations and its current Regulatory Agenda. ADDRESSES: For access to the docket to read background documents or comments received, go to http://dms.dot.govat any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. You can access the docket for this notice by inserting the last five-digits of the docket number into the DMS ``quick search'' function. FOR FURTHER INFORMATION CONTACT: Neil Eisner, Assistant General Counsel, Office of General Counsel, Department of Transportation, 400 7th St., SW., Room 10424, Washington, DC 20590-0001. Telephone (202) 366-4723. E-mail neil.eisner@dot.gov SUPPLEMENTARY INFORMATION: Background The Department of Transportation (Department or DOT) includes the Office of the Secretary (OST), and the following operating administrations (OAs): Federal Aviation Administration (FAA); Federal Highway Administration (FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal Railroad Administration (FRA); Federal Transit Administration (FTA); Maritime Administration (MARAD); National Highway Traffic Safety Administration (NHTSA); Pipeline and Hazardous Materials Safety Administration (PHMSA); Research and Innovative Technology Administration (RITA); and St. Lawrence Seaway Development Corporation (SLSDC). Each of these elements of DOT has statutory responsibility for a wide range of regulations. For example, DOT regulates safety in the aviation, motor carrier, railroad, mass transit, motor vehicle, commercial space, and pipeline transportation areas. DOT regulates aviation consumer and economic issues, and provides financial assistance and promulgates and enforces the necessary implementing rules for programs involving highways, airports, mass transit, the maritime industry, railroads, and motor vehicle safety. It writes regulations carrying out such disparate statutes as the Americans with Disabilities Act and the Uniform Time Act. Finally, DOT has responsibility for developing policies that implement a wide range of regulations that govern internal programs such as acquisition and grants, access for the disabled, environmental protection, energy conservation, information technology, occupational safety and health, property asset management, seismic safety, security, and the use of aircraft and vehicles. Improvement of our regulations is a continuous focus of the Department. There should be no more regulations than necessary, and those that are issued should be simple, comprehensible, and not burdensome. Most rules are issued following notice to the public and opportunity for comment. Once issued, rules are periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To help implement this goal, the Department issued a Notice of Regulatory Review on January 26, 2005 (70 FR 3761), seeking public comment on how to (1) improve our rules to be more effective and less costly or burdensome, (2) identify rules no longer needed and/or new rules that may be needed, and (3) prioritize our current rulemaking activities, which were set forth in our semi-annual Regulatory Agenda. (The latest Agenda preceding the Notice can be found at 69 FR 73492, December 13, 2004; the Department's last Agenda can be found at 70 FR 64940, October 31, 2005.) At the outset, the Department accepted written public comments and requests to participate in [[Page 33781]] a public meeting. The Department held a public meeting in Washington, DC, on April 12, 2005, presided over by the Department's General Counsel. Senior officials of the Department's operating administrations also participated in this meeting. The Department continued to accept written comments from the public as well as participants at the public meeting until April 30, 2005. We appreciate the public's participation in this regulatory review process. We especially thank our stakeholder groups, including trade associations, interest groups, consumer groups, and individual regulated parties--whether public or private sector organizations--for their participation in this process. Your participation has provided meaningful and significant input to the Secretary, the General Counsel, and other DOT senior officials. The Final Report For rulemakings already in progress, we have provided Rulemaking Identification Numbers (RIN). The RIN will allow you to monitor the progress of a rulemaking through the Unified Agenda, in which we publish estimated dates for taking various public actions. Comments Warranting Further Action ---------------------------------------------------------------------------------------------------------------- Operating Item No. Regulation admin./OST Commenter Comment Response office ---------------------------------------------------------------------------------------------------------------- 1......... 49 CFR Part FRA.......... Association of Requests FRA revise FRA allows electronic records 228. American its regulations to under a waiver process that Railroads. allow for requires railroads to electronic records maintain electronic records rather than use the similar to their paper ``waiver'' process. records. FRA agrees that Part 228 should be reviewed and revised to facilitate electronic recordkeeping and expects to initiate work on a notice of proposed rulemaking in the current fiscal year. 2......... 49 CFR Part FRA.......... Association of Requests FRA revise FRA intends to offer its 229. American its locomotive Railroad Safety Advisory Railroads. inspection Committee (RSAC) the task of regulations to reviewing and revising Part incorporate a 229 at the RSAC full performance committee meeting on February standard. 22, 2006. 3......... 49 CFR 395.3.. FMCSA........ Association of Requests FMCSA FMCSA will answer the American address hours of previously submitted pilot Railroads. service conflicts program request on this for railroad signal matter. employees. 4......... 14 CFR Part OST RITA United Air Recommends The Department agrees that a 241. (BTS). Lines. eliminating review of these regulations regulations that no is appropriate and, in fact, longer serve a already has plans to include useful purpose-- this regulation as part of a like the future review of certain requirement to file aviation data requirements BTS Schedules B-7 similar to the review and and B-43, which modernization program requests highly currently being conducted. detailed and (See RIN 2105-AC71). competitively sensitive information. 5......... 14 CFR 21.197. FAA.......... ASTAR Air Cargo Correct obsolete This error occurred in 1995 references to when the FAA realigned and sections 121.79 and consolidated certain 135.17. services. This error was corrected in the Maintenance Recording Requirements Final Rule published January 4, 2006 (71 FR 534). 6......... 14 CFR Parts FAA.......... Federal Express Recommends that no In general, the Department 91, 121, 135. Corp.. regulation should agrees with Federal Express, be adopted unless and this has long been part it has been of the Department's policy. carefully evaluated With regard to the ETOPS to meet demanding NPRM, the Current ETOPS cost-benefit rulemaking will include a standards--specific cost-benefit analysis. (RIN ally, the ETOPS 2120-AI03) NPRM. 7......... 25 CFR Part FHWA......... Lummi Nation Recommends that DOT Section 1119(f) of the 170. Planning require the Bureau recently enacted long-term Department. of Indian Affairs surface transportation (BIA) Indian authorization statute (Safe, Reservation Roads Accountable, Flexible and (IRR) program to Efficient Transportation produce a complete Equity Act: A Legacy for inventory of Users ``SAFETEA-LU'') reservation roads. requires the Secretary of Transportation, in cooperation with the Secretary of the Interior, to complete a comprehensive national inventory of transportation facilities that are eligible for assistance under the IRR program. The Department is implementing Section 1119(f) of SAFETEA-LU and working with the Department of the Interior to conduct the comprehensive inventory. However, this does not require a rulemaking action. [[Page 33782]] 8......... 49 CFR 571.213 NHTSA........ Evenflo........ Recommends NHTSA will not enforce this eliminating the particular requirement due to mass distinction concerns about its for belt- enforceability. However, positioning booster NHTSA recognizes the seats. potential for forces generated by the mass of a booster seat to overload a child occupant's chest should be addressed and, therefore, is addressing this issue in a proposed rulemaking to expand the applicability of FMVSS No. 213 to children weighing up to 80 pounds (RIN 2127- AJ44). 9......... 49 CFR 571.213 NHTSA........ Evenflo........ Recommends NHTSA recognizes the clarifying the inconsistency in measurements location of the provided and will correct lower anchorage bar this inconsistency. on the standard seat assembly depicted in Figure 1B. 10........ 49 CFR 395.8.. FMCSA........ American Objects to FMCSA's These comments were taken into Trucking current hours of consideration in the course Associations. service; supporting of the existing, open documents NPRM and rulemaking (RIN 2126-AA76). recommends allowing/ imposing a performance-based approach of self- monitoring systems designed to avoid burdensome coverage of all business records. 11........ 49 CFR Part FMCSA........ American Recommends issuing FMCSA recognizes the need for 396. Trucking rules requiring a rulemaking on this issue and Associations. safety program for will soon begin rulemaking to intermodal implement Section 4118 of equipment SAFETEA-LU (RIN 2126-AA86). (container chassis) that travels on highways. 12........ 49 CFR 383.5 FMCSA........ Owner-Operator Recommends adopting FMCSA will consider these and 384.209. Independent a graduated comments during its Drivers commercial driver's rulemaking addressing Section Association, license (CDL) 4122 of SAFETEA-LU that Inc. program and amends the law allowing for clarifying FMCSA to implement a CDL disqualification Learner's Permit program. standards. (RIN 2126-AB02). With regard to clarifying disqualification standards, FMCSA has on-going efforts to work with States toward more uniform definitions of serious traffic violations. 13........ 49 CFR Part FMCSA........ Owner-Operator Recommends This recommendation will be 387. Independent reevaluating considered as a comment in Drivers whether to continue the Unified Registration Association, self insurance and, System rulemaking (RIN 2126- Inc. if so, suggests AA22). several safeguards. 14........ 14 CFR Part OST.......... United Air Recommends that Starting with the January 2006 234. Lines. reports of ``Air Travel Consumer mishandled baggage Report'', DOT will clarify distinguish between that reports of mishandled carriers that baggage do not distinguish interline and those between carriers that that do not or, at interline and those that do least, clarify that not. this distinction is not made. 15........ .............. FAA.......... Regional Recommends allowing FAA will be addressing this Airline operators to carry issue in an upcoming final Association. company material rule. that is hazardous even though they have identified themselves as a ``will not carry'' operator. 16........ 49 CFR 173.134 PHMSA FAA.... Regional Suggests allowing an The hazmat requirements do not Airline exception for apply to noninfectious Association. ``will not carry'' diagnostic specimens. operators to carry However, there is some noninfectious confusion on this issue, diagnostic which PHMSA intends to specimens. clarify in an ongoing rulemaking in which PHMSA proposes to harmonize its hazmat rules with recently adopted international standards (2137-AD93). 17........ 14 CFR 121.574 PHMSA FAA.... Regional Recommends amending PHMSA has issued an exemption Airlines rules to allow from 49 CFR Parts 171-180 Association. carriers to carry allowing FAT kit to be First Aid and carried in the cabin. FAA is Trauma (FAT) kits considering an amendment that that are supplied would allow the use of the by government FAT kit's oxygen in flight. agencies and to It intends to include this in state that the a future review of the entire maintenance can be Part 121. under an approved program without mentioning the certificate holder. [[Page 33783]] 18........ 49 CFR Part NHTSA........ National Recommends NHTSA has devoted significant 563. Automobile accelerating the time and resources in Dealers electronic data drafting an EDR final rule. Association. recording (EDR) Publication is expected in rulemaking. 2006 (RIN 2127-AI72). 19........ .............. OST.......... Regional Recommends The Department has sent out a Aviation immediately notice soliciting public Partners. implementing comment and interest on this section 406 (code program. (See 70 FR 40098.) share pilot program) of Vision 100. 20........ FTA Circular FTA.......... New York MTA... Suggests several FTA agrees to expand footnote 4220.1E. technical changes 39 of FTA Circular 4220.1E to to FTA program further acknowledge the requirements, propriety of liquidated including third damages and to update the party contracting Best Practices Procurement requirements. Manual. 21........ .............. FTA.......... New York MTA... Suggests several FTA intends to take comment on technical changes this issue during the to FTA program rulemaking mandated by requirements, section 3023 of SAFETEA-LU including Buy (RIN 2132-AA80). America. 22........ .............. FTA.......... New York MTA... Suggests several FTA will undertake a technical changes comprehensive review of all to FTA program of its current program requirements, circulars in an attempt to including Grants streamline and consolidate Management. circulars as appropriate. FTA will reach out to the transit industry and invite public comment, in accordance with section 3032 of SAFETEA-LU. 23........ .............. FTA FHWA..... New York MTA... Suggests several Pursuant to sections 6007 and technical changes 6009 of SAFETEA-LU, FHWA and to FTA program FTA will conduct a rulemaking requirements, to clarify the regulatory including 4(f) procedure and criteria for criteria. evaluating ``prudent and feasible'' alternatives (RINs 2125-AF14 and 2132-AA83). 24........ 23 CFR Part FTA FHWA..... New York MTA... Suggests several Pursuant to section 6002 of 771. technical changes SAFETEA-LU, FTA and FHWA are to FTA program considering a rulemaking to requirements, revise the agencies' joint including environmental impact environmental procedures (RINs 2125-AF09 impact procedures. and 2132-AA82). 25........ 49 CFR Part FTA.......... New York MTA... Suggests several Many of these points will be 611. technical changes addressed through rulemaking to FTA program under section 3011 of SAFETEA- requirements, LU (RIN 2132-AA81). including the New Starts program. 26........ 23 CFR 771.135 FHWA......... New Hampshire Suggests revising Pursuant to sections 6009 of Department of the 4(f) criteria SAFETEA-LU, FHWA and FTA will Transportation. to require conduct a rulemaking to evaluation and clarify the regulatory legal sufficiency procedure and criteria for review for evaluating ``prudent and Environmental feasible'' alternatives (RINs Impact Statements 2125-AF14 and 2132-AA83). and Environmental Assessments only, not categorical exclusions. 27........ 14 CFR Part OST.......... American Recommends the While the Department does not 399. Airlines. Department issue a agree that certain aviation policy statement to authorities should be issued establish that for an indefinite duration, certain authorities it agrees that the Department under the aviation should consider examining statute--exemptions whether certain aviation , codeshare authorities could be awarded statements of for a longer duration. The authorization--will Department is exploring be issued for an measures to achieve this indefinite duration objective and has announced in order to avoid new streamlining procedures renewal to this end. In a Notice applications every issued August 23, 2005, the 1 or 2 years. Department stated that it would employ show-cause procedures for the award of certain long-term certificate and permit authority, with the goal of reducing the need for frequent renewal of exemption authority. On December 9, 2005, the Department issued an order tentatively granting more than 20 U.S. air carriers blanket route integration authority. Under the terms of the order, the blanket authority will be granted for a 5-year term, renewable upon application, and will be applied prospectively to encompass future awards of authority. [[Page 33784]] 28........ 14 CFR Part OST.......... United Air Recommends See above response ( 399. Lines. eliminating #27). duration limitations on carrier certificates and exemption route authority. 29........ 14 CFR Part OST.......... Delta Airlines. Recommends a default See above response ( 399. rule that would #27). provide that exemptions and other authorities under the aviation statute--exemptions , codeshare statements of authorization--will be issued for an indefinite duration but that the Department may amend, modify or revoke them at any time without a hearing. 30........ 14 CFR 257.5.. OST.......... United Air Recommends allowing In response to United Air Lines. a generic statement Lines recent Petition for of code-sharing and Rulemaking on this issue, DOT long-term wet issued a final rule on August leases in 4, 2005 (see 70 FR 44848). advertisement. 31........ 49 CFR........ FRA.......... Chicago Area... Recommends This comments pre-dates FRA Part 222...... Transportation reconsidering the issuance of its final rule on Study. analysis of risk ``Use of Locomotive Horns as Council of for not sounding Highway-Rail Crossings'' (see Mayors the train horn in 80 FR 21844). In the final Executive the Chicago area. rule FRA carved out the Committee. Chicago area and will study that area separately. If appropriate, it will be addressed in a future rulemaking (RIN 2130-AB73). 32........ 23 CFR Part FHWA......... Texas Suggests several Section 1503 of SAFETEA-LU 636. Department of revisions to the requires a revision to the Transportation. design-build design-build regulations. regulations. FHWA plans to amend the regulations accordingly. In addition, FHWA is currently evaluating the need to modify the design-build regulations in the context of public- private partnerships (RIN 2125-AF12). 33........ .............. FTA.......... New York MTA... Suggests several This is a long list of technical changes technical changes some of to FTA program which must be done by requirements, legislation while others may including reporting be done by regulation. Each requirements for of these will require the national detailed evaluation to transit database. determine whether it can be done by regulation. Those that can be changed by regulation will be addressed. 34........ 49 CFR........ PHMSA........ Association of Objects to the This will be treated as a 173.24(b)..... Hazmat additional comment to the current Shippers. packaging rulemaking on this issue (RIN requirements for 2137-AD33). oxygen cylinders. 35........ .............. FTA.......... New York MTA... Suggests several Most of the suggestions technical changes offered would require to FTA program legislative change. The requirements, remaining suggestion including to Fixed regarding risk assessments Guideway will be addressed through Modernization. upcoming guidance. 36........ 14 CFR........ FAA.......... Regional Requests a FAA is developing, with Part 121...... Airline. rulemaking to allow industry, appropriate Association.... air carriers to language for an operation conduct both specification and, therefore, scheduled and believes that a rulemaking is charter service unnecessary. with one set of books. ---------------------------------------------------------------------------------------------------------------- Comments Warranting Further Consideration -------------------------------------------------------------------------------------------------------------------------------------------------------- Item number Regulation Operating admin./OST office Commenter Comment Response -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............. ............................. DOT.......................... Marion C. Pulsifer Suggests that the DOT recently completed a Consulting. development, financing, report to develop a environmental review, process to ensure etc. of large multimodal effective and infrastructure projects comprehensive oversight be coordinated through a of large transportation single point in DOT. infrastructure projects and is carefully monitoring the use of one possible process in the administration of the on-going multimodal Transportation Expansion (TREX) megaproject in Denver, Colorado. [[Page 33785]] 2............. ............................. FMCSA FAA.................... Federal Express Corp Recommends clearly The agencies are mindful defining the scope of of the need for clarity the agencies' in defining regulatory jurisdiction vis-a-vis jurisdiction. OSHA. 3............. 49 CFR 571.124............... NHTSA........................ Alliance of Suggests revising all NHTSA currently has a Automobile Federal Motor Vehicle regulatory review Manufacturers. Safety Standards program that (FMVSS)--in similar specifically evaluates fashion used for FMVSS the need to revise FMVSS 124--to accommodate to accommodate technological changes technological and other and voluntary industry changes. NHTSA's review action. schedule under Section 610 of the Regulatory Flexibility Act and other reviews was published in Appendix D to the Unified Agenda (70 FR 64079, 64949). FMVSS 124 was one of the first standards to be reviewed under this process at which time no changes were warranted and the standard will be reviewed again through this process. 4............. 49 CFR 571.108............... NHTSA........................ American Trucking Recommends providing for Current regulations allow Associations. commercial vehicle the most safe and lighting equipment effective replaceable interchangeability. headlamps. The agency is currently reviewing this regulation to determine if revisions are appropriate. 5............. ............................. FMCSA PHMSA.................. American Trucking Requests a rule to FMCSA is working with the Associations. implement uniform current Alliance for requirements for hazmat Uniform Hazardous permits and to preempt Materials Registration state permit to encourage States to requirements that are voluntarily join in a not substantively the base-state hazmat same.. permitting arrangement. FMCSA and PHMSA will establish a work group to study hazmat permitting and registration practices in response to a requirement in SAFETEA- LU and will reevaluate whether it should open a rulemaking at the completion of that working group's report. 6............. 14 CFR Part 121.............. FAA.......................... Airline Dispatchers Recommends applying the With electronic Federation. rules for dispatching communication much more scheduled airline sophisticated now than operations to it was when the studies supplemental operations, offered in support of so that a certified this comment were dispatcher is on site performed, one would for departures. intuitively expect less need for on-site dispatchers. However, FAA believes that it is worthwhile to review dispatch-related accidents and incidents to ascertain whether the number is disproportionately high when no dispatcher is physically present. 7............. 14 CFR 121.465............... FAA.......................... Airline Dispatchers Recommends revising the FAA agrees that, on face Federation. rules on aircraft value, dispatcher dispatchers duty time to fatigue is primarily an be consistent both in issue of time. However, and out of the U.S. before taking definitive steps to revise the regulation, it is appropriate to review whether there are higher levels of accidents and incidents among flag carriers dispatching aircraft from outside the U.S. [[Page 33786]] 8............. 14 CFR 121.619............... FAA.......................... Aircraft Dispatchers Recommends liberalizing The FAA is currently Federation. the requirement for reviewing air carriers' specifying an alternate ability to dispatch destination prior to while carrying alternate dispatch. fuel at lower limits than the current rule allows. The FAA will determine if rulemaking is appropriate based on the outcome of this review. 9............. 14 CFR Part 91............... FAA.......................... Aircraft Dispatchers Recommends developing a The FAA has begun a broad- Federation. plan to certify and based program to assess regulate unmanned aerial the need for UAV vehicles (UAV). regulations. The FAA Flight Plan has identified the development of policies, procedures, and approval processes to enable the operation of UAVs in the National Airspace System as a long-term initiative. The FAA is well on its way to developing these policies. There is a Federal Advisory Committee working on the development of standards the FAA hopes to use as the basis for a future rulemaking. 10............ 49 CFR Part 177.............. PHMSA........................ American Trucking Recommends either The 30-day timeframe for Associations. extending the deadline submitting the for submitting a written ``update'' actually update report on a refers to the timeframe hazmat spill from 30 to in which a written 90 days or eliminating report must be submitted the provision. for all incidents. PHMSA agrees to consider whether 30 days is sufficient to collect all the information required and, therefore, will consider this issue for possible rulemaking. 11............ ............................. FHWA......................... American Road and Recommends continuing to The Department and FHWA Transportation implement environmental continue to work to Builders streamlining for expedite and improve the Association. transportation projects. environmental review/ approval process and have identified 15 priority projects for review by the interdepartmental Transportation Infrastructure Streamlining Task Force and expect that, in the future, additional priority projects will be selected. 12............ 23 CFR 750.707............... FHWA......................... Florida Department Recommends revising the FHWA recognizes that this of Transportation. regulation to remove regulation needs review, requirements that but believes that any inhibit States' ability such review should be to regulate part of an overall nonconforming outdoor evaluation of the advertising signs; Outdoor Advertising adding a provision Control Program. FHWA requiring each State to currently is developing develop its own a program review of the requirements for control. Outdoor Advertising Control Program. This regulation on nonconforming signs will certainly be a part of this review. 13............ 14 CFR 121.311............... FAA.......................... Regional Airline Requests regulation be FAA recognizes this as an Association. amended to allow an issue and is looking ``adult or parent'' to into the best way to carry a lap child. ensure young parents (under 18) are allowed to lap-hold children under two. However, it must determine its priorities for its limited resources prior to committing to a rulemaking on this issue. [[Page 33787]] 14............ 49 CFR Part 568.............. NHTSA........................ National Automobile Recommends amending the Consumer protection and 49 CFR 571.110............... Dealers Association. motor vehicle placarding good faith disclosure is regulations to require best served by requiring re-placarding only when re-labeling. This issue alteration or final may be addressed through stage manufacturing has a current rulemaking occurred. (see RIN 2127-AJ57). 15............ 14 CFR Part 241.............. RITA (BTS)................... Federal Express Corp Recommends eliminating The Department agrees provisions that require that this regulation is carriers to report a good candidate for separately mail revenues review. However, because and mail weights. there are offices within the Department that use this data, the Department needs to evaluate its need for the information before determining whether to proceed on a rulemaking to eliminate or revise this regulation. 16............ ............................. FMCSA........................ Federal Express Corp Recommends federalizing FMCSA is currently and mandating real time exploring the driver and carrier development of a notifications of a national Employer driver violation or Notification Service license restriction that (ENS) system that will would potentially allow carriers to disqualify a driver to register their drivers hold a commercial in a database and then drivers license. be immediately notified of changes in the status of their CDLs. A prototype system has been developed and will be evaluated during an 18-month pilot test in California and Colorado beginning in March 2006. 17............ 49 CFR Part 107.............. PHMSA........................ Federal Express Corp Recommends that carriers The HMR generally should not be penalized prohibit accepting or when a shipper fails to transporting hazmat not identify its package as in compliance with the hazmat. regulations. All operating modes typically seek to bring enforcement actions against the shipper of the material. There are cases, however, where enforcement actions are appropriate against a carrier who knew, or should have known the material offered for transportation contains hazmat. The ``knowingly'' standard for civil penalty liability is defined in Federal hazardous material transportation law and embodies the ``negligence'' standard which is well developed in common law. There is currently an open proceeding (see OST-2001- 10380 on the Department's Docket Management System) considering whether to issue further industry guidance on the ``knowingly'' standard. In addition, the FAA is considering allowing credit in any subsequent enforcement action to an air carrier that voluntarily provides hazmat recognition training to its employees. PHMSA notes the concern and will review existing enforcement guidance. 18............ 49 CFR Part 107.............. FAA PHMSA.................... United Air Lines.... Recommends that the FAA See response above should prosecute non- (#17). compliant shippers rather than carriers reporting hazmat discrepancies in accepted baggage or freight. [[Page 33788]] 19............ 49 CFR Parts 387 and 371..... FMCSA........................ Owner-Operator Proposes adopting These comments and Independent Drivers stricter standards for associated matters are Association, Inc. brokers and freight currently under agency forwarders to include consideration. increasing the security bond, eliminating trust funds as a surety alternative, and eliminating freight forwarders as a separately-regulated category of transportation intermediaries and require them to follow broker requirements. 20............ 49 CFR 373.101............... FMCSA........................ Owner-Operator Recommends adding a These comments were taken Independent Drivers requirement for shipment into consideration in Association, Inc. date and pick-up and the course of the delivery times to bills existing open rulemaking of lading. (See RIN 2126-AA76). 21............ 49 CFR Parts 171-180......... PHMSA........................ United Air Lines.... Recommends using the term PHMSA appreciates the ``dangerous goods'' need to seek further rather than the term harmonization of ``hazardous materials'' international hazmat for consistency with regulations and will foreign jurisdictions. study this issue further but needs further information concerning the actual benefits to safety of changing terminology. -------------------------------------------------------------------------------------------------------------------------------------------------------- No Further Action -------------------------------------------------------------------------------------------------------------------------------------------------------- Item No. Regulation Operating admin./ OST office Commenter Comment Response -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............. 14 CFR 121.377............... FAA.......................... Steven M. Jones..... Maintenance and FAA notes that this preventative maintenance regulation is not as personnel duty time detailed as the aircraft limitation regulation is dispatcher regulation. unclear; commenter However, the FAA compares it to believes that the intent regulation for aircraft of this regulation is dispatcher duty time clear and has no data to limitations. support maintenance personnel working consecutively for seven days as commenter alleges. The FAA has evaluated the regulation and how it is understood in the industry and has determined that addressing the differing levels of detail in duty time regulations is not a priority. 2............. 49 CFR 382.107............... FMCSA OST-ODAPC.............. Roxanne Wyant....... Suggests removing the If an employer learns term ``actual reliably that a covered knowledge'' of drug or employee has engaged in alcohol use from the conduct otherwise list of grounds for prohibited by the finding a violation of regulations, relating to the FMCSA rules. use of illegal drugs or abuse of alcohol, it is fully consistent with the safety objectives of the regulation for the employer to treat that information as the basis for a violation of the rules, even if no drug or alcohol test had occurred. [[Page 33789]] 3............. ............................. DOT.......................... Air Transport Recommends restricting The Department agrees Association of the number of regulatory that it should strive to America, Inc. proceedings, improve the efficiency establishing smaller of its rulemaking and Government-industry enforcement processes working groups to and that many of the develop recommendations, recommendations go to working to harmonize that effort. The international regulatory Department already uses regimes, and improving some of the recommended enforcement programs. strategies where appropriate and will continue to do so. The Department is putting this on the No Further Action Warranted chart only because it is not tied to specific regulations. 4............. ............................. OST-C........................ American Society of Suggests that the Requiring advance notice Travel Agents, Inc. Department provide and comment prior to public notice and an adopting any new opportunity to comment enforcement before new aviation interpretation would enforcement significantly interfere interpretations are with and burden the adopted. Department's discretion in administering aviation enforcement and could result in fewer, often-helpful, interpretations being issued. Moreover, it is not practical to conduct lengthy and costly proceedings to define what the Department believes is required by statute or to hold public hearings before issuing interpretations or policy statements. However, requests for reconsideration often are entertained. 5............. 14 CFR 121.311............... FAA.......................... Greg Niebeding, Requests the FAA revise FAA considered this issue President of Baby its regulations to allow through a petition for B'Air Flight Vests. the use of Baby B'Air an exemption and, in Flight Vests during take- October 2004, determined off and landing. that an exemption was not in the public interest. No new evidence was presented through this process. 6............. 49 CFR 571.204............... NHTSA........................ Alliance of Suggests implementing and While test procedures are Automobile modifying test provided in the FMVSS, Manufacturers. procedures manufacturers they reflect the use to demonstrate specifications regulatory compliance established by with FMVSS--like FMVSS regulation. The tests 201. detail how NHTSA and its contractors should conduct compliance tests; the industry is not required to use NHTSA's test procedures. 7............. 14 CFR Part 93............... FAA OST...................... Air Carrier Recommends review of FAA has an open Association of regulations operating to rulemaking to address America. frequently block low congestion at O'Hare fare carriers from airport (see RIN 2120- competing at various AI51) and has been airports--specifically, analyzing market based the high-density rule. approaches at LaGuardia that will likely involve rulemaking. It is not feasible at this time to begin a separate rulemaking in the interim to address certain elements of the High Density Rule, which phases out at LaGuardia and John F. Kennedy International Airport in January 2007. The FAA is also reluctant to promulgate changes to the slot rules at Ronald Reagan Washington National Airport until it has concluded its analysis of market approaches at LaGuardia. [[Page 33790]] 8............. 49 CFR Part 26............... OST FHWA FAA FTA............. American Road and Recommends one This is a Congressionally- Transportation Disadvantaged Business mandated program. Builders Enterprise goal for However, the Department Association. minority and women hopes to address some contractors. program implementation issues through meetings with industry groups, including the American Road and Transportation Builders Association. Afterwards, any needed changes will be considered, if appropriate. 9............. 49 CFR 395.3................. FMCSA........................ American Road and Requests short-haul FMCSA published its hours Transportation drivers in the of service rule on Builders transportation August 25, 2005 (see 70 Association. construction industry be FR 49978). The rule excluded from the hours adopted a special hours of service rule. of service regime for short-haul drivers. 10............ 40 CFR Part 93............... FHWA......................... American Road and Recommends allowing Section 6011 of the Transportation grandfathering or a recently enacted long- Builders grace period for Clean term surface Association. Air Act conformity so transportation that transportation authorization statute planning projects can (Safe, Accountable, better respond to Flexible and Efficient obligations on short Transportation Equity notice. Act: A Legacy for Users ``SAFETEA-LU'') provides for a one-year grace period for conformity determinations. Thus, this issue does not require rulemaking action. 11............ ............................. FHWA......................... American Road and Recommends allowing the Section 6007 of SAFETEA- Transportation Interstate Highway LU exempts the Builders System an exemption from Interstate Highway Association. historic preservation System from requirements. consideration as a historic site under Section 4(f) of the National Historic Preservation Act. Therefore, no rulemaking action is required at this time. 12............ ............................. DOT.......................... Federal Express Corp Recommends expediting The Department's reevaluation and regulatory review plan publication for comment addresses this issue by of any notices or rules requiring all rules to over 20 years old and be reviewed every ten reviewing existing rules years. It also asks for to see if a revision can public comment on be made or a rule can be whether any specific eliminated rather than review should be issuing a new regulation expedited. (See Appendix that ``layers on.'' D to the Unified Agenda (70 FR 64079, 64943) The Department is putting this on the No Further Action Warranted chart because it is not tied to specific regulations in need of more immediate attention than our existing process will provide 13............ ............................. DOT.......................... Federal Express Corp Recommends organizing As rules are rewritten, rules by specific agencies do reorganize regulated groups in them to help regulated separate and clearly industries comply. There identified sections. is some risk in both directions. E.g., FMCSA tried the suggested approach in a recent rulemaking and found that it required a lot of duplication, which would increase the chance for errors and inconsistencies. The Department is putting this on the No Further Action Warranted chart because it is not tied to specific regulations. [[Page 33791]] 14............ ............................. DOT.......................... Federal Express Corp Recommends harmonizing Agencies attempt to all rules with harmonize their rules international rules and with international procedures. rules; however, this is not always possible. PHMSA is currently attempting to harmonize its hazardous materials nomenclature with the international system. FMCSA and Canada worked out uniform North American cargo securement standards-- that process took nearly a decade. The Department is putting this on the No Further Action Warranted chart because it is not tied to specific regulations. 15............ ............................. FMCSA, PHMSA................. Federal Express Corp Recommends revising the This is inconsistent with policy for granting FMCSA's statutory exemptions: either fully authority, which permits regulate an item or do exemptions if the not regulate it at all. specified level of safety can be maintained or improved. Similarly, PHMSA's statutory authority permits the agency to grant special permits authorizing variances from the hazmat regulations if the special permit provides an equivalent level of safety to that specified in the regulations. The special permit program provides an opportunity for the testing and evaluation of technological improvements in a real- world transportation environment. Special permits that result in demonstrated safety and efficiency benefits are frequently converted into regulations of general applicability. 16............ ............................. DOT.......................... Federal Express Corp Recommends designing a The Department single federal program acknowledges that there to require are multiple security transportation worker programs currently in identification cards place. However, as the (TWIC). Transportation Security Administration (under Department of Homeland Security) is the lead Agency, the Department cannot take the lead on this problem. 17............ ............................. FMCSA, NHTSA................. Federal Express Corp Recommends standardizing NHTSA has exclusive and harmonizing safety authority to set and recording manufacturing standards requirements for for the Department; passenger and commercial FMCSA's rules apply only vehicles. to the operators, not the manufacturers, of commercial motor vehicles. However, the agencies do work together on rules when appropriate. 18............ ............................. FMCSA........................ Federal Express Corp Recommends that the FMCSA regulates all Agency regulate all drivers of commercial commercial drivers and motor vehicles, as vehicles including non- defined by 49 U.S.C. DOT drivers. 31132. [[Page 33792]] 19............ 49 CFR Part 172.............. PHMSA........................ Federal Express Corp Recommends requiring that This information is material safety data already widely sheets (MSDS) be distributed to employees supplied to first of hazmat shippers, responders and that any transport workers, and product information emergency responders. regarding hazardous The hazardous material materials (hazmat) be regulations (HMR) widely disseminated to currently require hazmat the public. shipments to be accompanied by emergency response information to assure that transport workers and emergency responders have sufficient information to protect themselves and others in the event of an accident or other emergency; however, this requirement can be met in a number of ways, including the use of an MSDS form. 20............ 49 CFR Parts 171-180......... PHMSA........................ Federal Express Corp Wants DOT to take full PHMSA has worked with the jurisdiction of all other Federal agencies transportation safety to define the limits of issues. DOT's regulations. PHMSA published a rule on this subject in 2004 which is currently the subject of a legal challenge PHMSA's final rule codifies long-standing interpretations and administrative decisions concerning the applicability of DOT's regulations in the overall statutory framework which includes other agencies beyond the scope of DOT's jurisdiction. 21............ 49 CFR 571.208............... NHTSA........................ Evenflo............. Recommends working with It is not necessary to manufacturers to assure update Appendix A to appropriate child remove child restraint restraints will be systems (CRS) not available to conduct currently in production occupant crash because the appendix is protection testing and intended to be that Appendix A reflects representative of CRSs only products currently in use by the public, in production. not merely those on the market. In addition, in November 2003, NHTSA established a procedure for amending Appendix A-- seats will be added or removed when real world usage makes it appropriate. Moreover, manufacturers are provided sufficient lead- time as to the CRSs the agency is using in its compliance tests. 22............ 23 CFR Part 658.............. FHWA......................... American Trucking Recommends granting The LCV ``freeze'' was Associations. States more flexibility put in place by Congress in addressing to protect national operational requirements infrastructure and for Longer Combination highway safety. FHWA Vehicle (LCV) does not have the restrictions. authority to amend the LCV ``freeze''. [[Page 33793]] 23............ 49 CFR 392.9................. FMCSA........................ American Trucking Recommends eliminating This requirement was Associations. the extra stops discussed during public necessitated by the en meetings concerning the route load securement development of new cargo inspection requirements securement standards. for certain hazmat and The model regulations improving the definition developed through this of ``impermissible cargo public meeting process movement'' to avoid included the cargo inconsistent enforcement. securement inspection provision--FMCSA and Canadian Provinces have implemented these model regulations. (See 67 FR 61212, published September 27, 2002.) 24............ 14 CFR 61.23................. FAA.......................... Aircraft Owners and Recommends changing the FAA notes that private Pilots Association. requirement that pilots pilots can fly in the hold a valid FAA medical most complex airspace certificate when and to many of the exercising the nation's busiest privileges of a airports. Therefore, Recreational Pilot they should be held to certificate to accept a the highest standard of valid driver's license. fitness. FAA further notes that, while some medical conditions may be grounds for disqualification, most states rely on voluntary disclosure of disqualifying conditions and test only vision. Therefore, it is not appropriate to make this revision. 25............ 14 CFR Part 61............... FAA.......................... Charles Garrison.... Recommends changing the See response above requirement that all (#24). private pilots hold a valid FAA medical certificate to accept a valid driver's license. 26............ 14 CFR Part 380.............. FAA.......................... Airline Dispatchers Recommends eliminating DOT believes that it is Federation. the distinction between important to maintain public charters and the distinction between other operations for economic/consumer purposes of safety. protection regulations for Public Charters, in 14 CFR Part 380, and the safety regulations of 14 CFR Parts 121 and 135. The latter parts apply to direct air carriers, with whom the charter operators would contract; they do not apply to the charter operators themselves or to the public charter product which they sell to their customers. 27............ 49 CFR Part 177.............. PHMSA........................ American Trucking Recommends requiring Current regulations only Associations. edible food to be prohibit transporting labeled as edible to poisons and edible food facilitate compliance in the same motor with prohibition on vehicle if the food is transporting with marked or known to be poisons. foodstuffs. PHMSA does not have the authority to require marking of foodstuffs, but will suggest to its contacts in FDA that they may want to address this problem. 28............ 49 CFR Part 177.............. PHMSA........................ American Trucking Recommends defining This term is not used in Associations. ``impermissible the regulations and, movement''. therefore, need not be defined. Moreover, PHMSA believes that its more general requirement is a better standard for compliance and enforcement purposes. 29............ 49 CFR Part 382.............. OST-OADPC FMCSA.............. American Trucking Recommends allowing The current regulation is Associations. carriers to reduce their a long-standing policy random testing rate if decision based on they have a low performance evidence. In violation rate rather addition, it is too than basing it on the difficult, time- industry-wide violation consuming, and expensive rate. to enforce the regulations on a carrier by carrier basis. [[Page 33794]] 30............ 49 CFR Part 365.............. FMCSA........................ Owner-Operator Proposes adopting FMCSA does not see a Independent Drivers stricter standards for connection between the Association, Inc. brokers and freight requested action and the forwarders to include actual problem--brokers lengthening the protest not paying the motor and review period for carrier for the broker applications. transportation services rendered. 31............ 49 CFR 376.12................ FMCSA........................ Owner-Operator Recommends redefining FMCSA believes that the Independent Drivers ``Party'' to a brokered regulations adequately Association, Inc. transaction. address the owner- operator's rights because the owner- operator must have a written lease agreement with the authorized motor carrier and that agreement must meet the specified requirements, which should be negotiable. 32............ 49 CFR Part 375.............. FMCSA........................ Owner-Operator Recommends eliminating FMCSA believes that this Independent Drivers non-binding estimates recommendation is Association, Inc. for household goods adequately addressed in moves. its recently issued final rule for Transportation of Household Goods Consumer Protection Regulations (see 70 FR 39949) and in household goods provisions adopted as part of SAFETEA-LU. 33............ 49 CFR 368.6(d).............. FMCSA........................ Owner-Operator Recommends revising FMCSA considered this Independent Drivers regulation to allow issue prior to Association, Inc. public protests to promulgating its final applications from Mexico- rule regarding domiciled carriers for applications for operating authority in provisional Certificates the border areas. of Registration (see 67 FR 12654). 34............ 49 CFR 397.5................. FMCSA........................ Owner-Operator Requests a review and FMCSA believes that the Independent Drivers revision of the hours of rules are not Association, Inc. service and hazmat rules incompatible and that to ensure compatibility. there are various operational ways for a motor carrier to approach this issue and remain in compliance with both sets of rules. FMCSA has addressed this comment in responding to hours of service petitions for reconsideration. 35............ 49 CFR Pars 40 and 382....... FMCSA OST-OADPC.............. Owner-Operator Suggests several DOT does not see a need Independent Drivers modifications to the to readdress any of Association, Inc. drug and alcohol testing these points before this program. rule is scheduled for its next periodic review in 2007. 36............ 49 CFR Part 571.............. NHTSA........................ Porsche............. Suggests developing a NHTSA provides flexible method of implementing regulatory solutions for new safety requirements long lead times to low that does not jeopardize volume manufacturers, manufacturers of models allowing them to load a with long production higher percentage of cycles by lengthening their compliance toward phase-in periods; the end of the phase-in establishing a new period than larger vehicle category; or volume manufacturers. In establishing longer addition, many of the combined lead-time and lead times are lengthy, phase-in periods across to accommodate minimal the board. impact or no impact to mid-cycle redesigns for manufacturers. Moreover, the current regulations provide provisions for small manufacturers to ask for specific exemptions if they are economically burdened by a regulatory change. 37............ ............................. FTA.......................... American Public Requests transparency in FTA will embrace Section Transit Association. non-rulemaking matters, 3032 of SAFETEA-LU which including notice and an should allay these opportunity to comment concerns. The Department on interpretations and is putting this on the policy statements that No Further Action affect transit Warranted chart only authorities. because it is not tied to any specific regulations. [[Page 33795]] 38............ 14 CFR 212.10................ OST.......................... United Air Lines.... Requests eliminating These authorizations DOT's authorization of serve a number of public block space arrangements. interest concerns, including assessing the competitive implications, security risks, and safety of the arrangements and, therefore, no rulemaking action is appropriate at this time. 39............ 14 CFR 212.10................ OST.......................... United Air Lines.... Requests eliminating These reviews serve a DOT's authorization of number of public code-sharing interest concerns, arrangements. including assessing the competitive implications, security risks, and safety or the arrangements and, therefore, no rulemaking action is appropriate at this time. 40............ 14 CFR 211.20................ OST.......................... United Air Lines.... Recommends eliminating To the extent that U.S. the requirement that carriers represent and U.S. carriers conduct sell seats on foreign safety audits of their air carriers as if they foreign code-share were their own, it is partners. reasonable to ask them to bear some responsibility for ensuring the safety of those passengers. 41............ ............................. OST.......................... United Air Lines.... Requests DOT issue The statute specifies regulations precisely certain types of joint defining what venture agreements that constitutes a ``joint must be filed for review venture agreement'' for and authorizes the purposes of triggering Secretary to require statutory filing certain additional types requirements. of agreements be filed for review. DOT believes that the statute is sufficiently clear and that regulations would add little additional clarity. 42............ ............................. DOT.......................... United Air Lines.... Requests DOT exercise DOT does not dispute the restraint in its reviews need for appropriate of airline operational restraint. However, this events. request does not require rulemaking. 43............ 49 CFR Part 177.............. PHMSA........................ American Trucking Recommends developing a Immediate notification is Associations. National Response Center essential and PHMSA does or web-based database not consider its ``as that carriers can tap soon as practicable, but into to find out which no more than 12 hours regulations apply after an incident because immediate notice occurs'' to be unduly of a hazmat spill is burdensome. PHMSA also unduly burdensome. believes that the cost of creating and maintaining a Federal database that would include all state and local reporting requirements would be prohibitive. 44............ 49 CFR Parts 171-180......... PHMSA........................ United Air Lines.... Recommends requiring each PHMSA currently requires hazmat shipper provide training for all general awareness employees who, during training to all of its the course of their employees. employment, affect the safe transportation of hazardous materials and estimates the requirement covers approximately 1.4 million individuals. PHMSA believes the regulations already cover the employee population in question. A significant increase in the number of employees subject to training would be cost prohibitive without a measurable safety impact. PHMSA and other DOT modes will continue to bring enforcement actions against shippers of undeclared hazmat. [[Page 33796]] 45............ 49 CFR Parts 171-180......... PHMSA........................ United Air Lines.... Recommends requiring PHMSA believes consignees carriers of hazmat receive more than packages to leave a copy sufficient information of the shipping papers, and the cost to impose including full hazmat such an additional description, with the requirement would not be consignee in order to offset by any tangible avoid reshipping of benefit to safety. unpackaged hazmat cartons. 46............ 49 CFR Parts 171-180......... PHMSA........................ United Air Lines.... Recommends reaching out PHMSA agrees that HMR to small businesses to compliance should be the inform them of hazmat subject of an extensive regulations. outreach campaign, specifically to small businesses. Although PHMSA currently has an extensive outreach program for small businesses, the agency is open to suggestions for improving its program. 47............ 49 CFR Parts 171-180......... PHMSA........................ United Air Lines.... Recommends urging OSHA to PHMSA does not have the require complete hazmat authority to change the descriptions as part of information on the MSDS, all MSDSs. but will suggest to its contacts at OSHA that they might want to address this problem. 48............ 49 CFR Parts 171-180......... PHMSA........................ United Air Lines.... Recommends revitalizing PHMSA and the Department DOT's work with the are both very active in United Nations and the working with the international community international community to harmonize hazmat to ensure consistency in shipping requirements. its regulations and international standards. PHMSA currently represents the U.S. on various international and UN technical committees. Because of difference of opinion in terms of safety issues, cost impacts, and issues related to compliance with the Administrative Procedure Act, there are instances where DOT regulations will vary from the international standards. Regardless, the Department will continue to seek ways in which to further harmonize global standards and would be receptive to further discussions. 49............ 14 CFR Part 119.53........... FAA.......................... National Air Carrier Suggests (1) allowing These regulations were Association. operations under a wet implemented to codify lease to continue while FAA policy. The review FAA reviews the lease of lease arrangements and (2) eliminating prior to operations is subsection (f) because necessary to confirm the special authority is that each party to the unnecessary where the wet lease holds the appropriate air carrier necessary operating and already has charter economic authority. For authority for the route. this reason, FAA does not intend to take further action. [[Page 33797]] 50............ 14 CFR Part 121.............. FAA.......................... National Air Carrier Suggests rescinding the In 1994, the FAA revised Association. recent change to Part its ``prior to hire'' Regional Airline 121 prohibiting an requirement and Association. employer form hiring an implemented a prior to employee to conduct performing safety- safety-sensitive sensitive functions. functions unless the This was amended in 2004 employer first conducts to return to the pre-employment drug original ``prior to testing and receives a hire'' standard because negative result. communications with industry and enforcement cases revealed that some employers misunderstood the requirement and employees who were performing safety- sensitive functions would subsequently test positive for illegal drug use. In addition, FAA considered the reasons behind this suggestion as part of the public comment process prior to publishing its final rule in January 2004. For this reason, FAA does not intend to take further action. 51............ ............................. PHMSA........................ Association of Recommends that agencies Agencies have the legal Hazmat Shippers. do not issue regulations authority to issue rules that go into effect without notice and prior to allowing public comment and must comment. occasionally use that authority to respond to emergencies and other situations that meet the statutory standard. 52............ 49 CFR Part 582.............. NHTSA........................ National Automobile Recommends pursuing the NHTSA recognizes that Dealers Association. elimination of statutory these data only have requirements regarding limited usefulness to mandatory distribution consumers, given that of insurance cost most insurance information booklets to information is driver- dealerships. specific, not vehicle- specific. However, it fulfills a statutory mandate. 53............ 49 CFR Part 583.............. NHTSA........................ National Automobile Recommends pursuing the NHTSA has indicated on Dealers Association. elimination of statutory several occasions that, requirements regarding while a number of parts content labeling. parties continue to have objections to the current labeling program, the objections are with the underlying statute. Any significant changes need to come from Congress. 54............ 49 CFR Part 595.............. NHTSA........................ National Automobile Recommends improving Significant outreach Dealers Association. outreach regarding efforts have and will alteration and continue to be expended. modification activities NHTSA reaches out to and to aid small business travels to industry compliance and enhance organizations to update transportation safety. them on regulatory requirements of relevance to their members and encourages them to share that information. NHTSA continues to be open to considering specific recommendations to improve its outreach. 55............ ............................. OST.......................... Regional Aviation Recommends immediately While section 402 allows Partners. implementing section 402 the Department to (fuel subsidies) of increase fuel Vision 100. compensation rates without regard to negotiated contracts in the event that air carriers experience significant increased costs, it is impracticable for the Department to do so given the limited funding for the program. [[Page 33798]] 56............ ............................. OST.......................... Regional Aviation Recommends giving greater The program already Partners. weight and consideration affords significant to community preferences weight to community in awarding Essential views. However, this is Air Service (EAS) only one of the factors contracts. considered, and the Department continues to need flexibility to consider all factors. 57............ ............................. FTA.......................... New York MTA........ Suggests several Some of the issues raised technical changes to FTA are controlled by program requirements, statute and cannot be including reporting addressed. The remaining requirements for the data issues address data national transit necessary for FTA to database. assure that it is exercising its authority properly. 58............ ............................. FTA.......................... New York MTA........ Suggests several These issues were highly technical changes to FTA negotiated by EPA and program requirements, DOT prior to adopting including Clean Air Act the program regulations pertaining requirements. FTA does to transportation not agree that these projects. issues need to be readdressed at this time. 59............ ............................. FTA.......................... New York MTA........ Suggests several Eligibility for CMAQ technical changes to FTA funds is limited to program requirements, programs and projects including amending the that help the Congestion Mitigation nonattainment area and Air Quality (CMAQ) attain the national program. ambient air quality standards. Because of the basic statutory objective of this program, there is no leeway to extend eligibility to routine maintenance and rehabilitation. 60............ 26 CFR 1.132-9............... FTA.......................... New York MTA........ Suggests several This is an IRS regulation technical changes to FTA that FTA cannot amend. program requirements, including increasing transit subsidies and extending them to include parking. 61............ 23 CFR 658.5................. FHWA......................... National Association Suggests modifying the The provisions governing of Home Builders. truck height and width this issue are regulation to Congressionally defined. accommodate Therefore, FHWA does not transportation of have the authority to modular housing on the make this change. National Network. 62............ ............................. FHWA, FTA.................... California Federal Recommends improving The Fiscal Management Programming Group. coordination among DOT Information System databases and making (FMIS) is FHWA's primary them more user-friendly. information system for tracking individual Federal-aid highway projects. Since the data in the system is highway specific, there is no purpose in coordinating the FMIS with other non- highway DOT databases. FHWA believes that FMIS is reasonably user- friendly and provides training and assistance to users. 63............ 49 CFR Part 398.............. FMCSA........................ Owner-Operator Recommends eliminating A comprehensive review of Independent Drivers unique rules for migrant this part occurred in Association, Inc. workers. the early 1990s and the decision was made not to remove the migrant workers rules. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 33799]] (Authority: 5 U.S.C. 610; E.O. 12866, 58 FR 51735, Oct. 4, 1993) Issued this 14th day of April, 2006, at Washington, DC. Norman Y. Mineta, Secretary of Transportation. [FR Doc. 06-5240 Filed 6-9-06; 8:45 am] BILLING CODE 4910-9X-P